Current through Register Vol. 43, No. 42, October 20, 2021
(a) An appeal may be taken from a final determination of the Board of Parole regarding a minimum period of imprisonment, parole release, parole rescission or final revocation proceeding.(b) The appeal process is initiated by the filing of a notice of appeal within 30 days of the date that the inmate/violator or his attorney receives written notice of the final decision from which the appeal is taken. The failure to file a notice of appeal within the aforementioned time limit shall constitute a waiver of the right of appeal by the inmate/violator.(c) A notice of appeal and subsequent related correspondence, including the document submitted to perfect the appeal, shall be filed with the New York State Division of Parole, Appeals Unit, 97 Central Avenue, Albany, NY 12206.(d) The notice of appeal shall state the name and State identification number of the inmate/violator; the date of the hearing and, in the case of a final revocation proceeding, the date of the determination; the inmate's/violator's present place of incarceration; and the place where the hearing occurred. While a division form entitled Notice of Appeal is available for use by an inmate/violator, it is not required that said form be utilized to initiate the appeal process.(e) At the time of the filing of the notice of appeal, the inmate/violator or the attorney therefore may request a copy of the transcript of the proceeding from which the appeal was taken. The appeals unit will obtain the transcript as soon as practicable and forward it to the inmate/violator or his attorney. There shall be a copying charge of 25¢ per page. All other nonconfidential, discoverable documents relating to the appeal may be obtained upon written request to the appropriate division officer, pursuant to 9 NYCRR 8000.5(c)(3). The time required to obtain, copy and transmit the transcript to the appellant or his counsel shall not extend the time limit within which the appeal shall be perfected, except that such time may be a basis for a request for an extension, in accordance with 9 NYCRR 8006.2(a).(f) Each notice of appeal received by the appeals unit will be acknowledged in writing, and the final date to perfect the appeal will be stated thereon.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8006.1